I am surprised to see Richard Winger disclaim the view that under the circumstances he describes, Glenn Miller should be on the ballot. In the Georgia David Duke litigation, it was my opinion that a defined statutory procedure permitting party leaders to exclude a presidential candidate from the primary ballot ought to be upheld as constitutional. But in the absence of a statutory provision of that sort, what right does the party have to exclude Miller? Is this the first time I have ever taken a more permissive position than Richard on a ballot access question? I didn't think it was possible.
But my main reflection on this sad incident is that Glenn Miller used to make a lot better music than this.
ΚΚΚΚΚΚΚΚΚΚΚ Best,
ΚΚΚΚΚΚΚΚΚΚΚ Daniel Lowenstein
ΚΚΚΚΚΚΚΚΚΚΚ UCLA Law School
ΚΚΚΚΚΚΚΚΚΚΚ 405 Hilgard
ΚΚΚΚΚΚΚΚΚΚΚ Los Angeles, California 90095-1476
ΚΚΚΚΚΚΚΚΚΚΚ 310-825-5148
-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu [mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of ban@richardwinger.com
Sent: Wednesday, March 15, 2006 6:38 AM
To: election-law@majordomo.lls.edu
Subject: any audacious attorneys in Missouri interested in this potential case?
Missouri requires candidates running in a primary to
file in March, even though the primary isn't until
August. News stories have reported that an
anti-immigrant, anti-semitic person named Glenn Miller
tried to file in the Democratic primary for congress,
7th district (southwest Missouri), but the Democratic
Party refused to accept his filing fee because of his
obnoxious views. There is no statute in Missouri, and
no case law, and no precedent, for anyone to be kept
off a primary ballot in Missouri because of his or her political views. The Missouri Secretary of State, a Democrat, backs up the decision to exclude him, but has not issued any ruling. The candidate, Glenn Miller, is seeking an attorney. I am not saying I think he ought to be on the primary ballot of a party that doesn't want him. Still, in the absense of any rules of law that supports the exclusion, I hope he is able to find an attorney, so the issue can get settled in an above-board manner. The candidate's contact info is 417-463-7703; his postal address is Glenn Miller, PO Box 3861, Springfield Mo 65808. He is a retired military officer.
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